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Draft Waste Management Rules 2008

Legal Notice No. --REPUBLIC OF TRINIDAD AND TOBAGO

THE ENVIRONMENTAL MANAGEMENT ACT, 2000

RULES
MADE BY THE MINISTER UNDER SECTION 26 OF THE ENVIRONMENTAL MANAGEMENT
ACT, 2000, AFTER COMPLIANCE WITH SECTIONS 27 AND 28 OF THE SAID ACT

THE WASTE MANAGEMENT RULES, 2008


PART I
PRELIMINARY
Citation

1. These Rules may be cited as the Waste Management Rules, 2008.


Interpretation

2. (1) In these Rules:


Act means the Environmental Management Act, 2000;
Authority means the Environmental Management Authority
established under section 36(1) of the Act;
acute hazardous waste means hazardous waste liable to cause death,
disease, serious injury or harm to human health if swallowed or
inhaled by or coming into contact with the skin of a human
being;
after-care in relation to disposal sites includes the after-care of a site
that is still in operation as well as a site which is no longer in
operation;
approved site or facility means a site or facility for the disposal of
hazardous wastes or other wastes which is licensed, authorized
or permitted to operate for this purpose under and in
accordance with these Rules and any other applicable written
law;

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Basel Convention means the Convention on the Control of


Transboundary Movements of Hazardous Wastes and their
Disposal, signed at Basel on 22nd day of March 1989, as
amended from time to time;
carrier means any person who carries out the transport of hazardous
or other wastes;
CESQG means Conditionally Exempt Small Quantity Generator, as
defined by Rule 9(1);
collection includes the environmentally sound mixing, bulking,
sorting and interim storage of hazardous or other wastes,
including those generated in small quantities, at an approved
site or facility;
discard in relation to waste means to dispose of on, over or under
land or into the atmosphere or the waters of Trinidad and
Tobago;
dispose means to discharge, deposit, inject, dump, release, spill, leak
or place hazardous or other waste so that such waste or any
constituent thereof may enter the environment, directly or
indirectly;
disposal operations includes the:
(a)

deposition of wastes into or on to land, including:


(i)

land treatment;

(ii)

surface impoundment;

(iii) landfilling; and


(iv) deep injection;
(b)

incineration of wastes on land or at sea;

(c)

release of wastes into watercourses, water bodies or the


sea;

(d)

biological or physic-chemical treatment of wastes which


results in final compounds or mixtures which are
discarded by means of evaporation, drying, calcinations,
neutralization or precipitation; and

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(e)

permanent storage of wastes.

environment has the meaning assigned to it by the Act;


environmentally sound management means taking all practicable
steps to ensure that hazardous or other wastes are managed in a
manner which will protect human health and the environment
against the adverse effects that may result from such wastes;
exporter means any person in Trinidad and Tobago who arranges for
hazardous or other wastes to be exported from Trinidad and
Tobago;
generator means any person whose activity produces hazardous
wastes or other wastes or, if that person is not known, the
person who is in possession or control of those wastes;
handling in relation to any hazardous waste has the meaning
assigned to it by the Act;
hazardous substance has the meaning assigned to it by the Act;
hazardous waste means a waste designated as such by Rule 3;
importer means any person in Trinidad and Tobago who arranges for
hazardous or other wastes to be imported into Trinidad and
Tobago;
illegal traffic means any export from or import into Trinidad and
Tobago of hazardous or other wastes contrary to the provisions
of the Act, these Rules and any other written law;
management in relation to hazardous or other wastes includes the
collection, transportation, treatment and disposal of such
wastes, including the after-care of disposal sites;
material intended to be discarded includes any substance or thing
which constitutes a residue or scrap material or unwanted
surplus matter resulting from any use or process carried on any
premises and not intended to be put forthwith to any further use
or process on the same premises;
licence means a licence to operate a waste handling facility granted
by the Authority pursuant to Rule 15;
LQG means a Large Quantity Generator, as defined by Rule 9(1);

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permit means a permit to handle wastes granted by the Authority


pursuant to Rule 12;
person has the meaning assigned to it by the Act;
premises has the meaning assigned to it by the Act;
process has the meaning assigned to it by the Act;
radioactive material means any article containing a radioactive
substance giving it a specific radioactivity exceeding 100
kilobecquerals per kilogram and [or?] a total radioactivity
exceeding 3 kilobecquerals;
release has the meaning assigned to it by the Act;
storage means the temporary holding of hazardous or other waste on
premises for a period of time not exceeding that specified in
Rule 9(4) and any extension of that time granted by the
Authority, by or before the expiry of which the waste is treated
or disposed of on those premises or transported from those
premises to another place;
SQG means Small Quantity Generator, as defined in Rule 9(1);
transit movement of hazardous or other wastes to or from another
State of export or import through Trinidad and Tobago;
treatment includes any physical, thermal, chemical or biological
process (including sorting) that changes the composition or
characteristics of waste in order to reduce its volume, change
its nature, facilitate its handling or enhance recovery;
transportation means the carriage of waste from the premises or
place on or at which it is generated, imported or stored to
another place for storage, treatment, disposal or export;
waste has the meaning assigned to it by the Act;
waste handling facility includes any facility for the storage,
treatment or disposal of hazardous or other wastes.
Definition of Hazardous Waste

3. (1) For the purposes of these Rules, hazardous waste includes any waste
comprised of or containing radioactive material or any hazardous substance and any
other waste that:
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(a) belongs to any category listed in Part A of the First Schedule; or


(b) has any of the hazardous characteristics listed in Part C of the First
Schedule.
(2) Waste belonging to a category listed in Part B of the First Schedule is not
hazardous waste within the meaning of these Rules, unless that waste possesses one
or more of the hazardous characteristics listed in Part C of the First Schedule.
Waste Prohibitions

4. (1) Subject to sub-rule (2), no person must mix different categories of


hazardous wastes or mix any hazardous waste with non-hazardous waste.
(2) Where the Authority considers that the mixture of different categories of
hazardous waste or of hazardous wastes with non-hazardous wastes enhances safety
in the handling or disposal of any hazardous waste, the Authority may by permit in
writing authorize the mixing of such wastes, subject to such conditions as it thinks fit.
Duty of Care

5. (1) Subject to these Rules, it is the duty of a person who generates, handles or
disposes of any hazardous waste or other waste to take all such measures applicable
thereto as are reasonable in the circumstances:
(a) to comply with the provisions of these Rules, the Act and any other
written law concerning the handling and disposal of wastes;
(b) to prevent any contravention of these Rules, the Act or any other
written law concerning the handling and disposal of wastes, by
another person;
(c) to prevent the escape of any hazardous waste from any premises or
vehicle under that person's control or the control of any other person;
and
(d) on the transfer of hazardous waste, to ensure that the transfer is only
to a person who is the holder of a waste handling permit or a waste
facility licence.
(2) Nothing in these Rules must be construed to prevent anyone being
prosecuted under any other law for an act or omission which constitutes a breach of
these Rules, or from being liable under that other law to any greater punishment or
higher penalty than is provided by the Act, provided that no one is punished twice for
the same offence.

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(3) Nothing in these Rules takes away or limits the right of the State or any
person to sue for and recover, at common law or otherwise, compensation or any
other appropriate remedy or relief against nuisance or in respect of any damage or
injury caused by any act or omission for which enforcement action may be taken
under these Rules.
PART II
REGISTRATION
Registration of generators

6. (1) Every person who, when these Rules come into force, is a generator of
hazardous waste must submit to the Authority, within six months of the enactment of
these Rules, an application for registration as a generator with respect to each
premises where such wastes are generated.
(2) Every person who, after the coming into force of these Rules, proposes to
engage in any activity or process which will result in the generation of hazardous
waste, must submit to the Authority an application for registration as a generator with
respect to each premises where such wastes are to be generated, 45 working days
prior to the commencement of any such activity or process.
(3) Every such application for registration must be submitted, together with
proof of payment of the prescribed application fee, in such form as the Authority may
specify, and state the following particulars:
(a) with respect to the identity of the generator and the location of the
premises:
(i)

where the applicant is an individual, the full name and


mailing address of the individual;

(ii)

where the applicant is a company incorporated or registered


under the Companies Act, the registered name and (if the
company is not incorporated in Trinidad and Tobago) the
place of incorporation of the company, the address of its
registered or principal office in Trinidad and Tobago, the
nature of its business, the relationship of the applicant to
any parent or subsidiary operations, and the names and
addresses of the directors and secretary or equivalent
officers of the company;

(iii) where the applicant is an entity other than an individual or a


company incorporated or registered under the Companies
Act, the name and mailing address of the entity, the nature
of its business and the names and addresses of the
principals, directors or equivalent officers;
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(iv) the geographical location of the premises, as described by a


lot or parcel or mileage mark number, street name, district,
town or village, and such other means as the Authority may
require; and
(v)

the name, address and telephone number of the person


designated by the applicant as the person to be contacted
with respect to the application, the overall management of
wastes on the subject premises and in the event of an
emergency;

(b) with respect to the nature and quantity of the waste to be generated:
(i)

a general description of the waste generating activities or


process undertaken or to be undertaken on the premises,
including where applicable generic process descriptions,
inputs, outputs and by-products, the estimated volume of
wastes produced or to be each month or, if the waste is
generated in batches, the amount in each batch and the
number of batches in each month;

(ii)

a general description of the wastes generated or to be


generated, including particulars of the physical state, colour,
principal components, contaminants and concentrations
thereof;

(iii) the hazardous characteristics of the waste;


(iv) the identity of the laboratory used to perform the analyses
required to characterize the wastes generated, if any,
indicating whether it is an independent laboratory;
(v)

if data has been estimated and is not based on laboratory


analyses of the subject wastes, the basis for the estimate,
indentifying the reference texts or documentary records
which have been utilized; and

(c) with respect to the management of the waste, the names and addresses
of the principal persons who will be responsible for the collection,
transportation and disposal of hazardous wastes from the premises.
(4) Where the applicant is a company, the applicant must supply the
Authority with a certified copy of the companys Certificate of Registration.

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(5) The application must be signed, in any case where the applicant is a
company, by the chief executive officer and in other cases by the person who is the
owner or, where the owner is not the occupier, the occupier of the premises on which
the activity or process generating the waste is being or to be carried out.
Registration certificate

7. (1) Within 10 working days of receipt of an application for registration, the


Authority must issue to the applicant a notice:
(a) acknowledging receipt of the application form;
(b) notifying the applicant whether any of the information required by the
form is incomplete or in need of clarification;
(c) requesting any further information the Authority may reasonably
require in order to process the application; and
(d) specifying a time for the submission of any such information.
(2) Within 20 working days of receipt of an application for registration or,
where further information is required to complete or supplement the application, of the
receipt of such information, the Authority must issue to the applicant a certificate of
registration as a waste generator with respect to the subject premises, containing a
unique identification number.
(3) Every certificate of registration is valid and endures for a period of three
years from the date of issue, but may be renewed for further periods of three years
each, upon the submission of a fresh application for registration to the Authority not
less than 20 working days before the date of expiry of the certificate in force.
(4) After a certificate of registration is issued to the generator, the Authority
may conduct a detailed post-registration review of the wastes generated on the subject
premises and, if those wastes are found to have been inaccurately characterised or
described on the application form for registration, the Authority may amend the
generators registration record by adding the new information derived from the postregistration review to the information supplied by the generator on the application
form, and may, if it considers this to be necessary or expedient, recall and modify or
cancel the certificate of registration accordingly.
(5) The provision of inaccurate information on an application for registration
as a generator of hazardous waste, with the intention of deceiving or misleading the
Authority or for the purpose of evading any of the provisions of these Rules, is an
offence liable on summary prosecution to a fine of [100,000] dollars.

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Supplemental Registration

8. (1) The generator must submit a supplementary registration form to the


Authority if, during the period when a certificate of registration is in force, any of the
following changes take place with respect to the characteristics of the generator or the
hazardous wastes generated on the subject premises:
(a) if the generator is a body corporate or legal person, any change in:
(i)

the generators name, registered or principal address or


telephone number; or

(ii)

the officer or employee designated on the original


application form as the person to be contacted with respect
to the application, the overall management of wastes on the
subject premises and in the event of an emergency; and

(b) in any case, if there is any significant change in the volume or


characteristics of the waste generated on the premises.
(2) A supplementary registration form must be submitted to the Authority
within 15 working days of the date on which the relevant change takes place.
(3) For the avoidance of doubt, it is declared that failure by a generator to
submit a supplementary registration form within the time prescribed in sub-rule (2),
contrary to section 62(l) of the Act, is a violation of an environmental requirement to
which the compliance and enforcement provisions of Part VI of the Act apply.
Categories of generators

9. (1) For the purposes of these Rules, every generator of hazardous waste is
classified into one of the three following categories:
(a) a Large Quantity Generator (LQG), if more than 1000 kilograms of
hazardous wastes per calendar month are generated on the premises;
(b) a Small Quantity Generator (SQG), if between 100 kilograms and
1000 kilograms of hazardous wastes per calendar month are generated
on the premises; or
(c) a Conditionally Exempt Small Quantity Generator (CESQG), if less
than 100 kilograms of hazardous wastes per calendar month are
generated on the premises.
(2) Any generator who generates 1 kilogram or more of acute hazardous
wastes in any month or who accumulates on any premises more than 1 kilogram of

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acute hazardous wastes at any time, without regard to the rate of hazardous waste
generation, is subject to all the requirements applicable to a LQG.
(3) Where the quantity of hazardous waste or acute hazardous waste
generated on the premises varies from month to month in such a way as to change the
category into which the generator is classified, the generator must comply from time
to time with the particular requirements governing the category into which the
premises falls at the material time.
(4) Generators are subject to the following quantity and time limits with
regard to the accumulation of hazardous wastes on their premises, according to the
category into which they are classified:
(a) LQGs may accumulate more than 6000 kilograms of hazardous waste
on premises at any time and store such wastes thereon for a period of
up to 90 days;
(b) SQGs may accumulate 1000 to 6000 kilograms of hazardous waste on
premises at any time and store such wastes thereon for a period of up
to 180 days;
(c) CESQGs may accumulate less than 1000 kilograms of hazardous
wastes on premises at any time and store such wastes thereon for a
period of up to one year.
(5) If any generator accumulates on any premises a quantity of hazardous
wastes in excess of the amount, or stores such wastes for a time in excess of the
period, prescribed in sub-regulation (4), without the prior written consent of the
Authority, the premises are deemed to be a hazardous waste storage facility subject to
the provisions of these Rules governing the establishment and operations of such
facilities, including the requirement to obtain a [hazardous waste handing] permit.
Obligations of generators

10. (1) All generators of hazardous wastes must ensure that such wastes are
properly handled on their premises and that such wastes are collected from their
premises, transported, stored, treated and disposed of only by persons who are
authorised to handle and dispose of hazardous waste pursuant to these Rules.
(2) In order to determine which standards are applicable to them with respect
to particular premises, every generator must identify each waste that is generated on
those premises, determine whether any such wastes are hazardous wastes as defined
by Rule 3, and weigh and compute the total weight of such wastes generated on a
monthly basis, in order to determine whether with respect to the subject premises they
are classified as a LQG, SQG or CESQG for the purposes of these Rules.

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(3) A LQG who is allowed to accumulate more than 6000 kilograms of


hazardous waste on premises at any time and store such wastes thereon for a period of
up to 90 days must:
(a) place the hazardous waste in appropriate containers, tanks or
containment buildings;
(b) clearly mark any such containers, tanks or buildings in which
hazardous wastes are stored with the words Hazardous Wastes;
(c) keep any hazardous waste containers closed and mark them with the
date on which the accumulation begins;
(d) ensure that the hazardous waste is removed from the premises within
90 days after the date on which accumulation begins;
(e) have in effect a formal written emergency response, counter-measures
and clean-up contingency plan, in the event of an accidental spill or
other release of or other incident with respect to the hazardous wastes
stored on the premises; and
(f) establish a training programme for employees to adequately train all
personnel working on the premises in the proper handling of hazardous
wastes.
(4) A SQG who is allowed to accumulate 1000 to 6000 kilograms of
hazardous waste on premises at any time and store such wastes thereon for a period of
up to 180 days must:
(a) place the hazardous waste in appropriate containers or tanks;
(b) clearly mark any such containers or tanks in which hazardous wastes
are stored with the words Hazardous Wastes;
(c) keep any hazardous waste containers closed and mark them with the
date on which the accumulation begins;
(d) ensure that the hazardous waste is removed from the premises within
180 days after the date on which accumulation begins;
(e) have a designated emergency coordinator on the premises or on call at
all times and have basic safety information readily accessible on the
premises;
(f) ensure that employees handling hazardous wastes on the premises are
familiar with proper handling and emergency procedures.

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(5) Prior to transporting any hazardous wastes off the premises or handing such
wastes over to any carrier for transportation off the premises, every generator must
ensure that:
(a) the hazardous waste is properly packaged so as to prevent any leakage
under normal transport conditions or potentially dangerous situations,
including but not limited to shaking, shifting or falling of the package
during transportation; and
(b) the packages are properly labelled or marked so as to identify the
characteristics of the wastes and the dangers associated with its
transportation.
(6) At least once in every three years, a LQG must compile and submit an
activity report to the Authority containing:
(a) the amount and types of hazardous wastes generated during the period;
(b) the quantity of each type of hazardous waste transported off the
premises for disposal;
(c) a description of the steps taken during the reporting period to reduce
the volume and toxicity of the wastes generated on the premises;
(d) a description of the changes in the volume and toxicity of wastes
actually achieved during the reporting period in comparison to
previous periods; and
(e) a certificate signed by the generator or authorized representative.
(7) A generator must keep copies of all hazardous waste records for a period
of not less than 5 years after:
(a) in the cases of activity and exception reports, the due date of the
report;
(b) in the case of signed copies of manifests returned to the generator, the
date on which the hazardous waste is transported off the premises of
origin (provided that the original manifest must be kept until the
signed manifest is returned to the generator);
(c) in the case of records of waste analyses and determinations carried out
by the generator, the date when the hazardous waste was sent to a
treatment, storage or disposal facility on or off of the premises of
origin.

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(8) For the avoidance of doubt, it is declared that SQG are subject to all the
reporting requirements imposed on generators by this Rule, except the requirement to
submit activity reports to the Authority.
Conditional Exemption

11. CESQGs are not subject to the requirements of these Rules relating to the
registration of generators, tracking of hazardous wastes, record-keeping and reporting
to the Authority, provided that they:
(a) identify their wastes in accordance with Rule 10(2);
(b) comply with the limitations of the quantity of waste which may be
accumulated on the premises as prescribed by Rule 9(4)(c); and
(c) ensure that all hazardous wastes they generate are properly handled
and disposed of by authorised waste handling and disposal facilities.

PART III
WASTE PERMITS AND LICENSES
Waste handling permits

12. (1) Subject to sub-rule (2), no person, including a Local Authority, must
carry out any activity related to the storage, treatment or disposal of hazardous wastes
without a waste handling permit granted in accordance with these Rules.
(2) A generator is not required to have a waste handling permit if the
generator:
(a) packages hazardous wastes on the premises on which the waste is
generated;
(b) stores hazardous waste on the premises on which the waste was
generated for less than the relevant period specified in Rule 9(4).; or
(c) puts any residue or scrap material or unwanted surplus matter resulting
from any process carried on any premises to any further use or process
on the same premises.
Application for a permit

13. (1) Every person, including a Local Authority, who is carrying out activities
for the storage, treatment or disposal of hazardous waste when these Rules come into
force, must submit to the Authority an application for a waste handling permit within
six months of the enactment of these Rules.

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(2) Any person, including a Local Authority, who proposes to carry out
activities for the storage, treatment or disposal of hazardous waste, after the coming
into force of these Rules, must submit to the Authority an application for a waste
handling permit, at least three months before the date on which it is proposed that such
operations will commence.
(3) Every such application must be submitted, together with proof of payment
of the prescribed application fee, in such form as the Authority may specify, and state
the following particulars:
(a) with respect to the identity of the applicant:
(i)

where the applicant is an individual, the full name and


mailing address of the individual;

(ii)

where the applicant is a company incorporated or registered


under the Companies Act, the registered name and (if the
company is not incorporated in Trinidad and Tobago) the
place of incorporation of the company, the address of its
registered or principal office in Trinidad and Tobago, the
nature of its business, the relationship of the applicant to
any parent or subsidiary operations, and the names and
addresses of the directors and secretary or equivalent
officers of the company;

(iii) where the applicant is an entity other than an individual or a


company incorporated or registered under the Companies
Act, the name and mailing address of the entity, the nature
of its business and the names and addresses of the
principals, directors or equivalent officers; and
(iv)

the name, address and telephone number of the person


designated by the applicant as the person to be contacted
with respect to the application, the overall management of
wastes on the subject premises and in the event of an
emergency;

(b) with respect to the nature of the waste handling activities to be carried
out by the applicant:
(i)

a general description of the waste handling activities to be


undertaken by the applicant, including where applicable
generic process descriptions, inputs, outputs and byproducts, the estimated volume of wastes handled or to be
handled each month;

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(ii)

a general description of the wastes handled or to be handled,


including particulars of the physical state, colour, principal
components, contaminants and concentrations thereof;

(iii) the hazardous characteristics of the waste; and


(c) with respect to any premises on which such activities are to be carried
out, the geographical location of the premises, as described by a lot or
parcel number or mileage mark, street name, district, town or village,
and such other means as the Authority may specify.
(4) Where the applicant is company, the applicant must supply the Authority
with a certified copy of the companys Certificate of Registration.
(5) Within 10 working days of receipt of a complete application for a waste
handling permit, the Authority must issue to the applicant a notice:
(a) acknowledging receipt of the application;
(b) notifying the applicant whether any of the information required by the
form is incomplete or in need of clarification;
(c) requesting such further information as the Authority may reasonably
require to process the application; and
(d) if any such further information is requested, specifying the time for
submission of that information.
(6) Within 20 working days of receipt of the application for a waste handling
permit or, where further information is required to complete or supplement the
application, of the receipt of that information, the Authority must issue to the applicant
a waste handling permit or a notice of refusal.
(7) A waste handling permit must specify the activities related to the storage,
treatment or disposal of hazardous wastes that the holder is permitted to carry out,
subject to such terms and conditions as the Authority thinks fit.
(8) Unless previously revoked, varied or suspended, every waste handling
permit granted pursuant to this Rule, is valid for a term expiring not later than the end of
the calendar year in which it commences, but may be renewed from time to time pursuant
to sub-rule (9).
(9) The Authority may, on the application of the holder of a waste handling
permit, made not less than 30 days before the expiry thereof, renew the waste handling
permit for a term of not more than one calendar year and, when renewing a waste

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handling permit the Authority may vary, delete or add to the terms and conditions
therein.
(10) For the avoidance of doubt, it is declared that any decision of the
Authority to impose terms and conditions on the grant of a waste handling permit, or
to refuse to grant or to renew a waste handling permit, may be appealed to the
Commission by the applicant pursuant to section 81(5) of the Act.
Transfer of permits

14. (1) A waste handling permit (including a permit which is suspended) may
be transferred by the holder to another person with the prior consent of the Authority.
(2) Where the holder desires to transfer a waste handling permit to another
person, the holder and the proposed transferee must make a joint application to the
Authority for the transfer of the permit.
(3) An application made under sub-rule (2) for the transfer of a waste
handling permit must be in such form and include such information as the Authority
may determine, and be accompanied by the prescribed fee.
(4) Within 10 working days of the receipt of an application for the transfer of
a waste handling permit, the Authority must notify the applicants whether it grants or
refuses its consent for the transfer of the permit.
(5) In any case where the Authority refuses to consent to the transfer of a
waste handling permit, it must provide the applicants with reasons in writing for that
decision.
(6) To effect a transfer of waste handling permit, the Authority must endorse
the permit with the name and other particulars of the transferee as the holder from
such date specified in the endorsement as may be agreed between the Authority and
the applicants.
Waste facility licences

15. (1) No person, including a Local Authority, must establish or, if such a
facility existed before the coming into force of these Rules, continue to operate a
facility at which any waste handling operations are carried out, including a facility for
the handling of waste that is not hazardous, without a waste facility licence granted by
the Authority, subject to such terms and conditions as it thinks fit, in accordance with
these Rules.
(2) A waste facility licence is granted to the occupier of the premises and,
unless revoked, varied, suspended or surrendered, inures for the benefit of the land and
of all persons for the time being having an interest in the land, for the period specified
in the licence, not exceeding 25 years.
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Application for a licence

16. (1) Every application for a waste facility licence must be submitted,
together with proof of payment of the prescribed application fee, is such form as the
Authority may specify, and state the following particulars:
(a) with respect to the location of the premises and the identity of the
occupier of the premises:
(i)

the geographical location of the premises, as described by a


lot or parcel or mileage mark number, street name, district,
town or village, and by means of UTM co-ordinates for the
boundary, or such other means as the Authority may
specify;

(ii)

the full name, mailing address and telephone number of the


occupier of the premises;

(iii)

if the occupier of the premises is an individual, a copy of


that persons National Identification Card or Passport or
other photographic evidence of identity;

(iv)

if the occupier of the premises is a body corporate, a copy


of that bodys certificate or instrument of incorporation;

(iii)

if the occupier of the premises or, where the occupier of the


premises is not the proposed operator of the facility, the
operator of the facility is the holder of a waste handling
permit, the number and date of issue of that permit;

(iv)

a description of the proposed operators capacity to operate


a waste handling facility, including an outline of the entry
qualifications and on-the-job training programmes to be
adopted to enable their personnel to operate the facility in a
safe manner;

(b) with respect to the waste handling operations to be carried out at the
facility:
(i)

details of the activities to be carried out at the facility,


including a description of the processes to be used for
handling of any hazardous wastes;

(ii)

a description of the design capacity of the facility, including


any plant and equipment to be used for handling any
hazardous wastes;

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Draft Waste Management Rules 2008

(iii) a description of the wastes to be treated, stored or disposed


of at the facility, including a chemical and physical
(radioactivity) description of any hazardous wastes to be
handled, and an estimate of the quantity of all the wastes to
be handled annually;
(iv) a topographic map or other comparable means of graphical
illustration showing all land within one kilometre of the
boundaries of the premises and depicting the layout of any
waste treatment, storage and disposal facilities on site and
any intake and discharge structures;
(v)

a description of the existing environment and potential


impacts of the operation of the facility on the environment;

(vi) a description of procedures, structures or equipment to be


used at the facility to:
a. prevent hazards in unloading operations;
b. prevent flooding or runoff from hazardous waste
handling areas to other areas of the facility or
equipment;
c. prevent contamination of water supplies;
d. mitigate the effects of equipment malfunction or
failure or power outages;
e. prevent accidental, uncontrolled or undue exposure
of personnel to hazardous wastes; and
f. prevent releases of pollutants to the atmosphere;
(vii) a description of the precautions to be taken to prevent spills,
accidental ignition or reaction of ignitable, reactive or
incompatible wastes;
(viii) a description of the plans for the start up and shut down of
operations, maintenance and major malfunctions, including
an emergency response plan;
(ix) a description of the anticipated traffic pattern, including the
estimated volume and composition of traffic related to the
operations of the facility, the existing surface and load
bearing condition of the access road to the facility and any
existing traffic control measures;
(x)

a description of the security measures in place and


equipment required to prevent accidental or unauthorized
entry on to the premises by persons or livestock;

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Draft Waste Management Rules 2008

(xi) a copy of the environmental management plan;


(xii) a copy of the closure plan and, where applicable, the postclosure plan; and
(xiii) details of plans for public consultation; and
(c) if the facility existed before the coming into force of these Rules:
(i)

a plan drawn to scale of the entire facility showing the


location of all past, present and future treatment, storage
and disposal areas;

(ii)

photographs of the entire facility delineating all existing


structures, existing treatment, storage and disposal areas
and sites for future treatment, storage and disposal
activities; and

(iii)

a detailed schedule for achieving compliance with [existing


waste handling standards] within 5 years.

(2) Within 10 working days of receipt of a complete application for a waste


facility licence, the Authority must issue to the applicant a notice:
(a)

acknowledging receipt of the application;

(b)

notifying the applicant whether any of the information required


by the form is incomplete or in need of clarification;

(c)

requesting such further information as the Authority may


reasonably require to process the application; and

(d)

if any such further information is requested, specifying the time


for submission of that information.

(3) Within 20 working days of receipt of the application for a waste facility
licence or, where further information is required to complete or supplement the
application, of the receipt of that information, the Authority must issue to the applicant
a waste facility licence or a notice of refusal.
(4) A waste facility licence must specify the activities related to the storage,
treatment or disposal of wastes, including but not limited to hazardous wastes, that
may be carried carry out on the licensed premises, subject to such terms and
conditions related to the design, construction, operations, and maintenance of the
facility and monitoring of its operations as the Authority thinks fit.

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Draft Waste Management Rules 2008

(5) The Authority may not issue a waste facility licence for any use of land for
which planning permission is required under the Town and Country Planning Act,
unless:
(a) the site is located in an area allocated for such use in the development
plan, if any; and
(b) outline planning permission granted by the relevant authority is in force
in relation to the use of the land as a waste handling facility.
(6) For the avoidance of doubt, it is declared that any decision of the
Authority to impose terms and conditions on the grant of a waste facility licence or to
refuse to grant a waste facility licence may be appealed to the Commission by the
applicant pursuant to section 81(5) of the Act.
Variation, suspension or revocation of permit or licence

17. (1) On application by the holder, submitted to the Authority together with
proof of payment of the prescribed fee, the Authority may vary the terms and
conditions to which a waste handling permit or waste facility licence is subject, if it
appears to the Authority that the application is supported by an adequate rationale for
the requested variation.
(2) On its own initiative, the Authority may vary the terms and conditions to
which a waste handling permit or waste facility licence is subject, if it appears to the
Authority that:
(a) there has been a significant change in the situation or any activity
related to the permit or licence; or
(b) the holder of the permit or licence has died, declared bankruptcy or, in
the case of a body corporate, has gone into liquidation or receivership,
been wound up or amalgamated with another body corporate.
(3) Where the Authority varies the terms and conditions to which a waste
handling permit or waste facility licence is subject pursuant to sub-rule (1) or (2), the
Authority must issue an amended permit or licence to the holder.
(4) The Authority may suspend a waste handling permit or waste facility
licence if it appears to the Authority that:
(a) this is necessary or expedient to enable the Authority to carry out
emergency response activities pursuant to section 25 of the Act;
or
(b) there has been another change in the circumstances relating to the
permit or licence that justifies a temporary cessation of the
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Draft Waste Management Rules 2008

permitted waste handling activities or licensed waste facility


operations, as the case may be.
(5) The Authority may revoke a waste handling permit or waste facility
licence if it appears to the Authority that:
(a) the holder has made a misrepresentation or wilful omission in
application for the permit or licence or in any report submitted to the
Authority;
(b) the holder has committed a significant violation of any fundamental
term or condition of the permit or licence; or
(c) there has been a change in the circumstances relating to the permit or
licence that justifies its revocation.
(6) The Authority may not vary, suspend or revoke a waste handling permit
or waste facility licence under this Rule unless the Authority has:
(a) given notice in writing to the holder of its intention to do so;
(b) specified in the notice its reasons for so doing;
(c) given the holder a reasonable opportunity to make representations to
the Authority in response to its reasons for varying, suspending or
revoking the permit or licence;
(d) taken into consideration any representations made by the holder
pursuant to paragraph (c).
(7) For the avoidance of doubt, it is declared that any decision of the
Authority to vary, suspend or revoke a waste handling permit or waste facility licence
may be appealed to the Commission by the holder pursuant to section 81(5) of the Act.
(8) At any time when it is in force, the holder of a waste handling permit or
waste facility licence may, by giving the Authority 20 working days prior notice in
writing, surrender the permit or licence, and accordingly the Authority must cancel it by
instrument in writing.
(9) On the cancellation of a waste handling permit or waste facility licence, the
rights of the holder cease, but the cancellation does not affect any liability incurred by the
holder before the cancellation and any legal proceedings that might have been
commenced or continued against the holder may be commenced or continued against the
holder, notwithstanding the cancellation of the permit or licence, as if it had not been
cancelled.

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Draft Waste Management Rules 2008

PART IV
WASTE HANDLING AND DISPOSAL OPERATIONS
Transportation of hazardous wastes

18. (1) No person, other than a carrier duly authorised by the Licensing Authority
under the Motor Vehicles and Road Traffic Act to transport hazardous wastes, must
collect hazardous wastes from the premises of a generator and transport such waste to
any other premises, whether for the purposes of delivering that waste to a licensed
waste facility or for any other purpose.
(2) No vehicle or vessel, other than a vehicle or vessel which is designed,
adapted or otherwise suited for the transportation of the specific type of hazardous
wastes to be carried, must be used for the transportation of such hazardous wastes
from one premises to another, whether by road or water, including the sea.
Hazardous Waste Manifest System

19. (1) When any hazardous waste is to be moved from the premises on which it
is generated to any other place for storage, treatment or disposal, the generator must
prepare a manifest to enable the movement of that hazardous waste to be tracked from
the point of origin to the ultimate point of disposal, containing:
(a) the name, address and registration number of the generator;
(b) the name and address of any person to whom the hazardous waste is
consigned for transportation;
(c) the name, address and waste handling permit number of any person to
whom the hazardous waste is consigned for storage, treatment or
disposal;
(d) particulars of the kind and quantity of hazardous wastes included in
the consignment;
(e) particulars of the number and type of containers included in the
consignment; and
(f) a statement, signed by the generator, certifying that:
(i)

the consignment has been accurately described and is in a


proper condition for transportation;

(ii)

the generator has a waste minimization programme in


operation on the premises from which the consignment
originates that is designed to reduce the volume and

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Draft Waste Management Rules 2008

toxicity of hazardous wastes to the degree that the


generator considers to be economically practicable; and
(iii)

the treatment, storage or disposal method chosen by the


generator is the most practicable method currently available
to minimize risks to human health and the environment.

(2) Every time a consignment of hazardous waste is transferred from one


person to another for the purposes of transportation, storage, treatment or disposal, the
manifest must be signed by the person surrendering and the person accepting custody
of the waste, and every such person must keep a copy of the manifest for their records.
(3) When the hazardous waste is delivered to the ultimate waste facility, the
operator of that facility must return a signed and dated copy of the manifest to the
generator of the hazardous wastes.
(4) If, within 45 days after the date on which the consignment of hazardous
waste is collected from the premises of origin, a generator does not receive a signed
and dated copy of the manifest from the operator of the ultimate waste facility, the
generator must submit an exception report to the Authority, inclusive of a legible copy
of the manifest and a signed covering letter from the generator, providing a description
of the investigations carried out to locate the consignment of hazardous wastes and the
findings of those investigations.
Storage of hazardous wastes

20. (1) In order to prevent the release of hazardous wastes or hazardous


substances into the environment, secondary containment that complies with the
requirements prescribed in this Rule must be provided for:
(a) any existing tank used to store or treat hazardous wastes; and
(b) any new tank system or component of such a system, before it is put
into service.
(5) Secondary containment systems provided in accordance with sub-rule (1)
must be:
(a) designed, installed and operated to prevent any migration of wastes or
accumulation of liquids out of the system to the soil, surface or
ground water, at any time during the use of the tank system;
(b) capable of detecting and collecting releases and accumulating liquids
until the collected material is removed.
(6) To satisfy the requirements of sub-rule (2), secondary containment systems
must at minimum be:
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Draft Waste Management Rules 2008

(a) constructed of or lined with material that is compatible with the waste to
be placed in the tank system and has sufficient strength and thickness to
prevent failure due to pressure gradients, including static head and
external hydrological forces, physical contact with the wastes to which
they are exposed, climatic conditions, the stress of installation and daily
operations, including stress from nearby vehicular traffic;
(b) placed on a foundation or base capable of providing support to the
secondary containment system and resistance to pressure gradients above
ad below the system, capable of preventing failure due to settlement,
compression or uplift;
(c) provided with a leak detection system that is designed and operated so
that it will detect the failure of either the primary or the secondary
containment structure and the release of hazardous wastes or
accumulated liquid in the secondary containment system within 24 hours
or, if the existing detection technology or site conditions do not permit
detection of a release within 24 hours, at the earliest practicable time;
(d) sloped or otherwise designed or operated to drain and remove liquids
resulting from leaks, spills or precipitation within 24 hours or, if the of
the released wastes or accumulated precipitation cannot be completed
within 24 hours, as soon as is necessary to prevent harm to human health
or the environment.

(7) Secondary containment for tanks must include one or more of the following
devices:
(a) an external liner system which is:
(i)

designed or operated to contain 100% of the capacity of the


largest tank within its boundary;

(ii)

designed or operated to prevent run-on or infiltration of


precipitation into the secondary containment system, unless
the collection system has sufficient excess capacity to
contain run-on or infiltration;

(iii) free of cracks or gaps; and


(iv) designed and installed to completely surround the tank or
tanks and to cover all surrounding earth likely to come into
contact with the waste if released from the tank or tanks, by
virtue of either the vertical or lateral migration of wastes;

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Draft Waste Management Rules 2008

(b) a vault system, which is:


(i)

designed and operated to contain 100% of the capacity of


the largest tank within its boundary;

(ii)

designed or operated to prevent run-on or infiltration of


precipitation into the secondary containment system, unless
the collection system has sufficient excess capacity to
contain run-on or infiltration

(iii) provided with a means of protection against the formation


and ignition of vapours within the vault;
(iv) provided with an exterior moisture barrier or otherwise
designed or operated so as to prevent the migration of
moisture into the vault, if the vault is subject to hydraulic
pressure; or
(c) a double-walled tank system, which is:
(i)

designed as an integral structure, inclusive of an inner tank


within an outer shell, so that any release from the inner tank
is contained by the outer shell;

(ii)

protected, if constructed of metal, from both corrosion of


the primary tank interior and the external surface of the
outer shell; and

(iii) provided with a built-in continuous leak-detection system


capable of detecting a release within 24 hours or at the
earliest practicable time, if the existing lease-detection
technology or site conditions will not allow detection of a
release within 24 hours.
(8) Ancillary equipment must be provided with full secondary containment, such
as trench, jacketing, double-walled piping, that meets the requirements of sub-rules (2)
and (3), except for:
(a) above-ground pipes (exclusive of flanges, joints, valves and
connections) that are visually inspected for leaks on a daily basis;
(b) welded flanges, joints and connections that are visually inspected for
leaks on a daily basis;
(c) sealless or magnetic coupling pumps and sealless valves that are
visually inspected on a daily basis; and

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Draft Waste Management Rules 2008

(d) pressurized above-ground pipe systems with automatic shut-off


devices, such as excess flow check valves, flow metering shutdown
devices and loss of pressure activated shut-off devices, that are
visually inspected on a daily basis.
Landfill operations

21. (1) Every landfill must have a liner system covering the entire area of the
landfill, comprised of:
(a) a liner designed, constructed and installed to prevent any passage of
wastes into the liner during the active life of the facility and the
migration of wastes out of the landfill to the adjacent land, surface
water courses or bodies, subsurface soil or groundwater, at any time
during the active life of the facility, including the after-care period,
that is:
(i)

constructed of materials that have appropriate chemical


properties and sufficient strength and thickness to prevent
failure due to pressure gradients (including static head and
external hydro-geologic forces) physical contact with the
waste and leachate to which they are exposed, climatic
conditions, the stresses of installation and daily operation;

(ii)

placed on a foundation or base capable of providing support


to the liner and resistance to pressure gradients above and
below the liner sufficient to prevent failure of the liner due
to settlement, compression or uplift;

(iii)

installed to cover all the surrounding earth likely to be in


contact with the waste or leachate; and

(b) a leachate collection and removal system immediately above the liner
that is designed, constructed, maintained and operated to collect and
remove leachate from the landfill, that is:
(i) constructed of materials that are:
a. chemically resistant to the waste managed in the
landfill and the leachate expected to be generated; and
b. of sufficient strength and thickness to prevent collapse
under the pressures exerted by overlying wastes, waste
cover materials and any equipment used during the
operation of the landfill; and

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Draft Waste Management Rules 2008

(ii) designed and operated to function without clogging


throughout the active life of the facility, including the aftercare period.
(2) The Authority may exempt the operator of the facility from the
requirements of sub-rule (1) if it finds, based on a demonstration by the holder of the
waste facility licence, that alternative design and operating practices, together with
location characteristics, will prevent the migration of any hazardous constituents into
the ground water or surface water at any future time.
(3) In deciding whether to grant an exemption pursuant to sub-rule (2), the
Authority must consider:
(a) the nature and quantity of the wastes to be disposed of at the landfill;
(b) the alternate proposals made by the applicant for a waste facility
licence with respect to the design and operation of the landfill;
(c) the hydro-geologic setting of the facility, including the attenuative
capacity and thickness of the liners and soils present between the
landfill and ground or surface water; and
(d) all other factors which would influence the quality and mobility of the
leachate produced and the potential for it to migrate to ground or
surface water.
(4) At final closure of a landfill or upon the closure of any cell, the operator
must cover the landfill or cell, as the case may be, with a final cover designed and
constructed to:
(a) provide long-term minimization of migration of liquids through the
closed landfill;
(b) function with minimal maintenance;
(c) promote drainage and minimize erosion or abrasion of the cover;
(d) accommodate settling and subsidence so that the covers integrity is
maintained; and
(e) have a permeability less than or equivalent to the permeability of any
bottom liner system or natural subsoil present on the site.
(5) After final closure, the operator must comply with all after-care
requirements of the Authority, including maintenance and monitoring throughout the
after-care period as specified in the waste facility licence, including:

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Draft Waste Management Rules 2008

(a) maintaining the integrity and effectiveness of the final cover,


inclusive of the undertaking of remedial works to the cap as necessary
to remedy the effects of settling, subsidence, erosion or other events;
(b) continue to operate the leachate collection and removal system until
leachate is no longer detected;
(c) maintain and monitor the leak detection system, and comply with all
other leak detection system requirements;
(d) maintain and monitor the groundwater monitoring system and comply
with all applicable requirements;
(e) prevent run-on and runoff from eroding or otherwise damaging the
final cover; and
(f) protect and maintain surveyed benchmarks..
Incineration of wastes

22. (1) A waste incinerator must be operated in accordance with the operating
requirements specified in the waste facility licence, as determined by the Authority on
a case-by-case basis as being sufficient to comply with the prescribed performance
standards.
(2) An incinerator burning hazardous waste must be designed, constructed
and maintained so that, when operated in accordance with the specified operating
requirements, it achieves a destruction and removal efficiency of 99.99% for each
principal organic hazardous constituent designated in its waste facility licence with
respect to its waste feed, as determined by the method set out in the Second Schedule.
(3) Each set of operating requirements must specify the waste feed,
including acceptable variations in the physical and chemical properties of the waste
feed that will not affect compliance with the required performance standards, and the
operating limits for each waste feed with respect to the following:
(a) carbon monoxide (CO) level in the stack exhaust;
(b) waste feed rate;
(c) combustion temperature;
(d) an appropriate indicator of combustion gas velocity;
(e) allowable variations in incinerator system design or operating
procedures; and

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Draft Waste Management Rules 2008

(f) such other operating requirements as are necessary to ensure that the
performance standards are met.
(4) During start-up and shut-down of the incinerator, hazardous waste must
not be fed into the incinerator, unless the incinerator is operating within the conditions
of operation, including but not limited to temperature and waste feed rate, specified in
the waste facility licence.
(5) Fugitive emissions from the combustion zone must be controlled by:
(a) keeping the combustion zone totally sealed against fugitive
emissions;
(b) maintaining a combustion zone pressure lower than atmospheric
pressure; or
(c) any alternative means of control demonstrated, at the time of
application for a waste facility licence, to provide fugitive emissions
control equivalent to maintenance of combustion zone pressure
lower than atmospheric pressure.
(6) An incinerator must be operated with a functioning system which
automatically cuts off waste feed to the incinerator when operating conditions deviate
from the limits specified in the waste facility licence, pursuant to sub-rule (1).
(7) An incinerator must cease operation when changes in waste feed,
incinerator design or operating conditions exceed the limits specified in it waste
facility licence.
(8) Upon the cessation of operations or closure of a waste incinerator, the
operator must remove any hazardous waste and hazardous waste residues, including
but not limited to ash, scrubber waste and scrubber sludge, from the premises.
(9) If, at any time during the period of operation of a waste incinerator or
upon the cessation of operations, the operator cannot demonstrate that the residues
removed from a waste incinerator are not hazardous wastes, as defined by Rule 3, the
operator is deemed to be a generator of hazardous wastes for the purposes of these
Rules.
Prohibited waste disposal operations

23. (1) The disposal within the waters of Trinidad and Tobago of solid waste or
any ash or residue from the incineration of solid wastes is prohibited, except for the
disposal with the prior written permission of the Authority of:

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Draft Waste Management Rules 2008

(a) derelict vehicles or waste tyres for the purpose of establishing any
artificial reef or similar infrastructure for the enhancement of the
marine environment;
(b) dredged material;
(c) fish waste or material resulting from industrial fish processing
operations at sea;
(d) inert, inorganic, geological material; or
(e) organic material of natural origin..
(2) The burial or open burning of solid waste is prohibited, except for:
(a)

the burial or burning of domestic waste in accordance with the


House Refuse (Rural Districts) (Private Disposal) Bye-Laws, 1955;
and

(b)

the burning of debris from emergency clean-up operations, by the


relevant authorities.

PART V
IMPORT, EXPORT AND TRANSIT OF WASTES
Basel Convention

24. The Authority is the Competent Authority of Trinidad and Tobago for the
Basel Convention.
Exports of wastes

25. (1) The Authority must not permit exports of hazardous wastes or other
wastes if such wastes can be:
(a) re-used or recycled locally in an environmentally sound manner; or
(b) disposed of locally in an environmentally sound manner.
(2) The export of hazardous or other wastes to any of the following places is
prohibited:
(a) any point south of 60 degrees south latitude;

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Draft Waste Management Rules 2008

(b) any State which has imposed a ban on the import of such wastes
and has so notified Trinidad and Tobago or the Secretariat of the
Basel Convention;
(c) any State which cannot provide assurance as to its capacity to
dispose of such wastes in an environmentally sound manner; and
(d) any State which is not a party to the Basel Convention, other than a
State which is a party to a multilateral, regional or bilateral
agreement, by which provisions not less environmentally sound
than those provided for by the Basel Convention are made, and to
which Trinidad and Tobago is a party.
(3) Where export is allowed under sub-rule (1), the Authority may permit the
export of hazardous wastes or other wastes only after satisfying itself that the
following conditions have been fulfilled:
(a) the exporter has made an application for permission to export such
waste and has provided the Authority with the information
requested in the prescribed notification form, as well as details on
labelling in relation to the hazardous waste or other waste that the
exporter proposes to export;
(b) an adequate contract exists between the exporter of such waste and
the person accepting responsibility for the disposal of the waste,
specifying environmentally sound management of the subject
waste;
(c) the provisions made for packaging, labelling and transportation of
such waste are in conformity with the recognized national and
international rules, standards and practices; and
(d) the written consent of the competent authorities of the other States
concerned have been received by the exporter in accordance with
sub-rule (5).
(4) The export of hazardous wastes is subject to the following conditions:
(a) a manifest signed by the generator and carrier must accompany the
subject consignment of hazardous wastes; and
(b) the carriage of the consignment of hazardous wastes must be covered by
an adequate policy of public liability insurance, performance bond or
other guarantee to the satisfaction of the Authority.

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Draft Waste Management Rules 2008

(5) The Authority must notify, or require the exporter to notify, the competent
authorities of any State of transit and the State of import, in language acceptable to
them, of the proposed trans-boundary movement of the hazardous wastes.
(6) A transit State is deemed to have consented to the transit of the waste if,
having acknowledged receipt of a [notification] [request for consent] from the
exporter, the competent authority in that State does not raise any objection to or
impose any conditions with respect to the transit of the waste within 60 calendar days
after receipt of the request for consent.
(7) If the trans-boundary movement of hazardous wastes or other wastes, to
which the consent of the States concerned has been given, cannot be completed in
accordance with the terms of the original contract, the Authority must require the
exporter to take the wastes back, if alternative arrangements cannot be made for the
disposal of the wastes in an environmentally sound manner within 90 calendar days
from the time that the competent authority of the State of import so informed the
Authority or the exporter and the Secretariat of the Basel Convention, or such other
period of time as the parties concerned may agree.
(8) A permit for multiple exports of hazardous or other wastes may be granted,
subject to the written consent of the States concerned, for a maximum period of one
year, if:
(a) the consignments have the same physical and chemical characteristics;
(b) the consignments are shipped regularly to the same disposer via the
same customs office in Trinidad and Tobago and the country of import
respectively;
(c) in the case of transit, the consignments are shipped via the same customs
office of entry and exit in the State or States of transit; and
(d) the countries concerned agree to the grant of such a permit.
Import of wastes

26. (1) Hazardous and other wastes may only be imported into Trinidad and
Tobago with the written permission of the Authority.
(2) The Authority may consent to the import of hazardous or other wastes if
the following conditions are met:
(a) the exporting State is a party to the Basel Convention or is a party to a
bilateral, multilateral or regional agreement regarding the transboundary movement of hazardous or other wastes in accordance with
Article 11 of the Basel Convention;

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Draft Waste Management Rules 2008

(b) it is not possible to dispose of the wastes within the territory of the
exporting State in an environmentally sound and efficient manner or the
wastes are required as raw material for recycling or recovery industries
in Trinidad and Tobago, or the import is in accordance with an
agreement which conforms with the requirements of Article 11 of the
Basel Convention;
(c) a request which complies with the requirements of sub-rule [..] has been
received for a transboundary movement, containing the information
required by Annex V of the Basel Convention, and the Authority is
satisfied with such information;
(d) the proposals for labelling, packaging and transportation of the wastes in
the notification conform to recognized international rules, standards and
practices;
(e) the specified approved site or facility is capable of managing and
disposing of the wastes in an environmentally sound manner;
(f) the importer guarantees in the contract for the disposal of the wastes that
the wastes will be managed in an environmentally sound manner;
(g) the importer is obliged to notify the exporter, the competent authority of
the State of export and the Authority of the receipt of any hazardous
wastes and, in due course, of the completion of the disposal as specified
in the notification;
(h) an adequate binding contract exists between the exporter and the
importer, specifying environmentally sound management of the
consignment of wastes;
(i) the importer and the approved site or facility disposing of the wastes
have valid permits and licences to handle and dispose of the categories
of hazardous or other wastes to be imported;
(j) the generator, exporter, importer, disposer and carrier have adequate
public liability insurance, or have posted a performance bond or other
financial guarantee to the satisfaction of the Authority; and
(k) the importer or any agent acting on behalf of the importer is a resident of
Trinidad and Tobago or, in the case of a body corporate, has a registered
office in Trinidad and Tobago.
(3) A permit for multiple imports of hazardous or other wastes may be granted,
subject to the written consent of the States concerned, for a maximum period of one
year, if:

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Draft Waste Management Rules 2008

(e) the consignments have the same physical and chemical characteristics;
(f) the consignments are shipped regularly to the same disposer via the
same customs office in Trinidad and Tobago and the country of import
respectively;
(g) in the case of transit, the consignments are shipped via the same customs
office of entry and exit in the State or States of transit;
(h) the countries concerned agree to the grant of such a permit.
(4) The Authority may, at any time after issuing written consent for the import
of hazardous or other wastes, revoke the permit if it has reason to believe that the
wastes will not be managed in an environmentally sound manner.
(5) The importer must notify the Authority upon receipt of each consignment of
hazardous or other wastes of its details as specified in the notification document.
Transit of wastes

27. (1) The Authority must be notified of any proposed transboundary


movement of hazardous or other wastes through Trinidad and Tobago or any marine
area under its jurisdiction.
(2) The notification must include details of:
(a)

the final destination of the wastes;

(b)

a timetable specifying the expected dates of transit through


Trinidad and Tobago or the marine area under its jurisdiction;

(c)

proof that the exporter, the carrier, the disposer and the site or
facility for disposal are authorized to carry out the operations in
question in relation to such wastes;

(d)

information detailing emergency procedures in the case of


accidents;

(e)

information on the quantum, type and conditions of the insurance


carrier by the carrier.

(3) The notice must be in English and the emergency procedures must be
acceptable to the Authority.
(4) The packaging and labelling of the wastes must conform to international
standards.

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Draft Waste Management Rules 2008

(5) The transit of hazardous or other wastes through Trinidad and Tobago or any
marine area under its jurisdiction, without the prior permission of the Authority, is
prohibited.
(6) The Authority has the right to deny permission for the transit of hazardous or
other wastes through Trinidad and Tobago and marine areas under its jurisdiction.
(7) The Authority must acknowledge receipt of any notification given under
sub-rule (1) promptly, and in no case later than 10 working days after receipt of such
notification.
(8) The Authority must make a decision whether to grant permission for the
transit of hazardous or other wastes, which may include specific conditions relating to
the transport of such wastes, within 60 calendar days of the receipt of notification
given under sub-rule (1), and inform the exporter or the competent authority of the
State of export as appropriate.
Illegal traffic

28. (1) Any transboundary movement of hazardous or other wastes is deemed


to be illegal traffic, if carried out:
(a) without notification pursuant to Rule 27(1);
(b) without the consent of the Authority required by Rule 27(8);
(c) with consent that has been obtained through falsification of
documents, misrepresentation or fraud;
(d) in a manner not in substantial conformity with the documentation
required under these Rules and any other written law;
(e) in a manner that results in the deliberate disposal or dumping of
hazardous or other wastes in contravention of the provisions of these
Rules or any other written law.
(2) Illegal traffic of hazardous or other waste is an offence punishable on
summary conviction by a fine of [500,000] dollars and 2 years imprisonment.
(3) In addition to any other authority exercising such powers under any other
written law, the Authority may conduct regular or random inspections of sites,
facilities, vessels and cargoes, and to seize any shipments of hazardous or other wastes
that are the object of illegal traffic.
(4) In the case of an illegal transboundary shipment to another State as a result
of conduct on the part of a generator or exporter in Trinidad and Tobago, the generator
or exporter must take back the wastes in question, or the Authority may take the
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Draft Waste Management Rules 2008

wastes back and recover the costs of doing so from the generator or exporter as a civil
debt in a court of competent jurisdiction.
(5) If in any case re-import of waste that has been illegally trafficked is
impracticable, or the persons responsible for the illegal transboundary movement
cannot be identified, the Authority and the competent authority of the other State
concerned must ensure that the wastes are disposed of in an environmentally sound
manner in accordance with the provisions of these Rules and any other relevant law.
(6) In the case of an illegal transboundary movement into Trinidad and
Tobago as the result of conduct on the part of an importer or disposer, in addition to
any penalty to which that person may be liable for the commission of an offence under
these Rules or any other written law, the importer or disposer must ensure the
environmentally sound management of any hazardous wastes or pay the costs of the
environmentally sound disposal of such wastes, as estimated by the Authority.

PART VI
MISCELLANEOUS
Waste Management Register

29. (1) The Authority must establish a Waste Management Register, together
with an alphabetical, sequential or geographical index, or more than one such index,
thereto as is necessary or expedient to facilitate access to and the use of information on
the Register.
(2) Subject to sub-rule (3), the Authority must enter in the Register the details
and status of every:
(a) application for registration as a generator of hazardous wastes,
including the information supplied under Rule 6(3) and any
amendment made thereto pursuant to Rule 7(4);
(b) supplementary registration made under Rule 8;
(c) application for a permit or licence, including the information supplied
under Rule ..;
(d) application for a transfer of a permit or licence;
(e) permit or licence, including the terms and conditions subject to which
it was issued;
(f) transfer of a permits or licence approved by the Authority;

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Draft Waste Management Rules 2008

(g) refusal to issue a permit or licence, or grant a transfer thereof,


including the reasons for refusal;
(h) Notice of Violation served on any person with respect to a violation
of these Rules, including particulars of the alleged violation and the
steps to be taken to remedy it;
(i) Consent Agreement by which a notice of violation is resolved;
(j) Administrative Order issued with respect to a violation of these
Rules, including any particulars of the alleged violation, the steps to
be taken by the person served with the Order and any proposed
administrative civil assessment included in the Order; and
(k) appeal to the Environmental Commission against any decision made
by the Authority in relation to the administration and enforcement of
these Rules.
(3) The Authority must omit from the Register any information which the
applicant claims under Rule 30 should be treated as a trade secret or confidential
business information, if:
(a) the Authority does not contest the claim; or
(b) the Authority rejects the claim, but the claim is upheld on appeal
pursuant to Rule 30(3).
(4) The Authority may maintain the Register and any index to the Register in
such form as it thinks fit, including an electronic data storage and retrieval system.
(5) Every entry in the Register must be made within 10 working days of the date
on which the decision, notice or event to which it relates was made, filed, issued or
done.
(6) The Authority must keep the Register open to inspection by the public at its
office during ordinary business hours, on payment of the prescribed search fee, if any,
and must provide members of the public with copies of entries in the register on
payment of the cost of making copies.
Trade secrets and confidential business information

30. (1) The applicant may, in any application for registration or for a permit or
licence, made under these Rules, assert a claim that any of the information to be
supplied to the Authority is a trade secret or confidential business information, and
request that such information be omitted from the register.

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Draft Waste Management Rules 2008

(2) The Authority may reject the claim made by the applicant under sub-rule
(1) for the reason that:
(a) the applicant has not disclosed the basis for the claim;
(b) the basis disclosed is invalid; or
(c) the public interest in disclosing the information clearly out-weighs any
prejudice to the applicant.
(3) The rejection by the Authority of a claim made by an applicant under
sub-rule (1) is subject to appeal to the Environmental Commission.

FIRST SCHEDULE
HAZARDOUS WASTES
Interpretation
In this Schedule:
Annex 1 categories means wastes derived from the waste streams listed in the
first part of Annex 1 to this Schedule;
Annex 1 constituents means the substances listed in the second part of Annex
1 to this Schedule;
outdated means unused within the period recommended by the manufacturer;
industry specifications means ....
Part A
Hazardous Wastes
Wastes contained in this Part are designated as hazardous wastes, but their designation as
hazardous in this Part does not preclude reference in specific cases to Part C to
demonstrate that a particular waste is not hazardous.
A1

Metal and metal-bearing wastes

A1010

Metal wastes and waste consisting of alloys of any of the following


(excluding wastes specified in Part B):
Antimony
Arsenic
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Draft Waste Management Rules 2008

Beryllium
Cadmium
Lead
Mercury
Selenium
Tellurium
Thallium
A1020

Waste having as constituents or contaminants, excluding metal waste in


massive form, any of the following:
Antimony; antimony compounds
Beryllium; beryllium compounds
Cadmium; cadmium compounds
Lead; lead compounds
Selenium; selenium compounds
Tellurium; tellurium compounds

A1030

Wastes having as constituents or contaminants any of the following:


Arsenic; arsenic compounds
Mercury; mercury compounds
Thallium; thallium compounds

A1040

Wastes having as constituents any of the following:


Metal carbonyls
Hexavalent chromium compounds

A1050

Galvanic sludges

A1060

Waste liquors from the pickling of metals

A1070

Leaching residues from zinc processing, dust and sludges such as jarosite,
hematite, etc.

A1080

Waste zinc residues not included in Part B, containing lead and cadmium in
concentrations sufficient to exhibit characteristics listed in Part C.

A1090

Ashes from the incineration of insulated copper wire

A1100

Dusts and residues from gas cleaning systems of copper smelters

A1110

Spent electrolytic solutions from copper electro-refining and electro-winning


operations

A1120

Waste sludges, excluding anode slimes, from electrolyte purification systems


in copper electro-refining and electro-winning operations

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Draft Waste Management Rules 2008

A1130

Spent etching solutions containing dissolved copper

A1140

Waste cupric chloride and copper cyanide catalysts

A1150

Precious metal ash from incineration of printed circuit boards not included in
Part B (note that mirror entry in Part B, B1160, does not specify exceptions)

A1160

Waste lead-acid batteries, whole or crushed

A1170

Unsorted waste batteries excluding mixtures of only Part B batteries. Waste


batteries not specified in Part B containing Annex 1 constituents to an extent
to render them hazardous.

A1180

Waste electrical and electronic assemblies or scrap (not including scrap


assemblies from electric power generation) containing components such as
accumulators and other batteries included in Part A, mercury-switches, glass
from cathode-ray tubes and other activated glass and PCB-capacitors, or
contaminated with Annex 1 constituents (e.g., cadmium, mercury, lead,
polychlorinated biphenyl) to an extent that they possess any of the
characteristics listed in Part C (note the related entry in Part B, B1110)

A2

Wastes containing principally inorganic constituents, which may contain


metals and organic materials

A2010

Glass waste from cathode-ray tubes and other activated glasses

A2020

Waste inorganic fluorine compounds in the form of liquids or sludges, but


excluding such wastes specified in Part B

A2030

Waste catalysts but excluding such wastes specified in Part B

A2040

Waste gypsum arising from chemical industry processes, when containing


Annex 1 constituents to the extent that it exhibits a hazardous characteristic
listed in Part C (note the related entry in Part B, B2080)

A2050

Waste asbestos (dusts and fibres)

A2060

Coal-fired power plant fly-ash containing Annex 1 constituents in


concentrations sufficient to exhibit Part C characteristics (note the related
entry in Part B, B2050)

A3

Wastes containing principally organic constituents, which may contain


metals and inorganic materials

A3010

Waste from the production or processing of petroleum coke and bitumen

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Draft Waste Management Rules 2008

A3020

Waste mineral oils unfit for their originally intended use

A3030

Wastes that contain, consist of or are contaminated with leaded anti-knock


compound sludges

A3040

Waste thermal (heat transfer) fluids

A3050

Wastes from production, formulation and use of resins, latex, plasticizers,


glues/adhesives excluding such wastes specified in Part B (note the related
entry in Part B, B4020)

A3060

Waste nitrocellulose

A3070

Waste phenols, phenol compounds including chlorophenol in the form of


liquids or sludges

A3080

Waste ethers not including those specified in Part B

A3090

Waste leather dust, ash, sludges and flours when containing hexavalent
chromium compounds or biocides (note the related entry in Part B, B3100)

A3100

Waste paring and other waste of leather or of composition leather not suitable
for the manufacture of leather articles containing hexavalent chromium
compounds or biocides (note the related entry in Part B, B3090)

A3110

Fellmongery wastes containing hexavalent chromium compounds or biocides


or infectious substances (note the related entry in Part B, B3110)

A3120

Fluff - light fraction from shredding

A3130

Waste organic phosphorous compounds

A3140

Waste non-halogenated organic solvents but excluding such wastes specified


in Part B

A3150

Waste halogenated organic solvents

A3160

Waste halogenated or unhalogenated non-aqueous distillation residues arising


from organic solvent recovery operations

A3170

Wastes arising from the production of aliphatic halogenated hydrocarbons


(such as chloromethane, dichloro-ethane, vinyl chloride, vinylidene chloride,
allyl chloride and epichlorhydrin)

A3180

Wastes, substances and articles containing, consisting of or contaminated


with polychlorinated biphenyl (PCB), polychlorinated terphenyl (PCT),

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Draft Waste Management Rules 2008

polychlorinated naphthalene (PCN) or polybrominated biphenyl (PBB), or


any other polybrominated analogues of these compounds, at a concentration
level of 50 mg/kg or more
A3190

Waste tarry residues (excluding asphalt cements) arising from refining,


distillation and any pyrolitic treatment of organic materials

A4

Wastes which may contain either inorganic or organic constituents

A4010

Wastes from the production, preparation and use of pharmaceutical products


but excluding such wastes specified in Part B

A4020

Clinical and related wastes; that is wastes arising from medical, nursing,
dental, veterinary, or similar practices, and wastes generated in hospitals or
other facilities during the investigation or treatment of patients, or research
projects

A4030

Wastes from the production, formulation and use of biocides and


phytopharmaceuticals, including waste pesticides and herbicides which are
off-specification, outdated or unfit for their originally intended use

A4040

Wastes from the manufacture, formulation and use of wood-preserving


chemicals (not including wood treated with wood preserving chemicals)

A4050

Wastes that contain, consist of or are contaminated with any of the following:
Inorganic cyanides, excepting precious-metal-bearing residues in
solid form containing traces of inorganic cyanides
Organic cyanides

A4060

Waste oils/water, hydrocarbons/water mixtures, emulsions

A4070

Wastes from the production, formulation and use of inks, dyes, pigments,
paints, lacquers, varnish excluding any such waste specified in Part B (note
the related entry in Part B, B4010)

A4080

Wastes of an explosive nature (but excluding such wastes specified in Part B)

A4090

Waste acidic or basic solutions, other than those specified in the


corresponding entry in Section B (note the related entry in Part B, B2120)

A4100

Wastes from industrial pollution control devices for cleaning of industrial offgases but excluding such wastes specified in Part B

A4110

Wastes that contain, consist of or are contaminated with any of the following:
Any congenor of polychlorinated dibenzo-furan
Any congenor of polychlorinated dibenzo-dioxin

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Draft Waste Management Rules 2008

A4120

Wastes that contain, consist of or are contaminated with peroxides

A4130

Waste packages and containers containing Annex 1 constituents in


concentrations sufficient to exhibit Part C hazard characteristics

A4140

Waste consisting of or containing off specification or outdated chemicals


corresponding to Annex 1 categories and exhibiting Part C hazard
characteristics

A4150

Waste chemical substances arising from research and development or


teaching activities which are not identified and/or are new and whose effects
on human health and/or the environment are not known

A4160

Spent activated carbon not included in Section B (note the related entry in
Part B, B2060)
Part B
Wastes Not Ordinarily Hazardous

Wastes contained in this Part are not designated as hazardous wastes, unless they exhibit
a hazardous characteristic listed in Part C.
B1

Metal and metal-bearing wastes

B1010

Metal and metal-alloy wastes in metallic, non-dispersible form:


Precious metals (gold, silver, the platinum group, but not mercury)
Iron and steel scrap
Copper scrap
Nickel scrap
Aluminium scrap
Zinc scrap
Tin scrap
Tungsten scrap
Molybdenum scrap
Tantalum scrap
Magnesium scrap
Cobalt scrap
Bismuth scrap
Titanium scrap
Zirconium scrap
Manganese scrap
Germanium scrap
Vanadium scrap
Scrap of hafnium, indium, niobium, rhenium and gallium

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Draft Waste Management Rules 2008

Thorium scrap
Rare earths scrap
B1020

Clean, uncontaminated metal scrap, including alloys, in bulk finished form


(sheet, plate, beams, rods, etc), of:
Antimony scrap
Beryllium scrap
Cadmium scrap
Lead scrap (but excluding lead-acid batteries)
Selenium scrap
Tellurium scrap

B1030

Refractory metals containing residues

B1040

Scrap assemblies from electrical power generation not contaminated with


lubricating oil, PCB or PCT to an extent to render them hazardous

B1050

Mixed non-ferrous metal, heavy fraction scrap, not containing Annex 1


constituents in concentrations sufficient to exhibit Part C characteristics

B1060

Waste selenium and tellurium in metallic elemental form including powder

B1070

Waste of copper and copper alloys in dispersible form, unless they contain
Annex I constituents to an extent that they exhibit Part C characteristics

B1080

Zinc ash and residues including zinc alloys residues in dispersible form
unless containing Annex 1 constituents in concentration such as to exhibit
Part C characteristics

B1090

Waste batteries conforming to a specification, excluding those made with


lead, cadmium or mercury

B1100

Metal-bearing wastes arising from melting, smelting and refining of metals:


Hard zinc spelter
Zinc-containing drosses:
- Galvanizing slab zinc top dross (>90% Zn)
- Galvanizing slab zinc bottom dross (>92% Zn)
- Zinc die casting dross (>85% Zn)
- Hot dip galvanizers slab zinc dross (batch)(>92% Zn)
- Zinc skimmings
Aluminium skimmings (or skims) excluding salt slag
Slags from copper processing for further processing or refining not
containing arsenic, lead or cadmium to an extend that they exhibit
Part C hazard characteristics
Wastes of refractory linings, including crucibles, originating from
copper smelting

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Draft Waste Management Rules 2008

Slags from precious metals processing for further refining


Tantalum-bearing tin slags with less than 0.5% tin
B1110

Electrical and electronic assemblies:


Electronic assemblies consisting only of metals or alloys
Waste electrical and electronic assemblies or scrap (including
printed circuit boards, but not including scrap from electrical power
generation) not containing components such as accumulators and other
batteries included in Part A, mercury-switches, glass from cathode-ray
tubes and other activated glass and PCB-capacitors, or not contaminated
with Annex I constituents (e.g. cadmium, mercury, lead, polychlorinated
biphenyl) or from which these have been removed, to an extent that they
do not possess any of the characteristics contained in Part C (note the
related entry in Section A A1180)
Electrical and electronic assemblies (including printed circuit boards,
electronic components and wires) destined for direct reuse (including
repair, refurbishment or upgrading, but not major reassembly), and not
for recycling or final disposal

B1120

Spent catalysts excluding liquids used as catalysts, containing any of:


Transition metals, excluding waste catalysts (spent catalysts, liquid used
catalysts or other catalysts) in Part A:
Scandium
Vanadium
Manganese
Cobalt
Copper
Yttrium
Niobium
Hafnium
Tungsten
Titanium
Chromium
Iron
Nickel
Zinc
Zirconium
Molybdenum
Tantalum
Rhenium
Lanthanides (rare earth metals):
Lanthanum
Praseodymium

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Draft Waste Management Rules 2008

Samarium
Gadolinium
Dysprosium
Erbium
Ytterbium
Cerium
Neody
Europium
Terbium
Holmium
Thulium
Lutetium
B1130

Cleaned spent precious-metal-bearing catalysts

B1140

Precious-metal-bearing residues in solid form, which contain traces of


inorganic cyanides
Precious metals and alloy wastes (gold, silver, the platinum group, but not
mercury) in a dispersible, non-liquid form with appropriate packaging and
labelling

B1150

B1160

Precious-metal ash from the incineration of printed circuit boards (note the
related entry in Part A, A1150)

B1170

Precious-metal ash from the incineration of photographic film

B1180

Waste photographic film containing silver halides and metallic silver

B1190

Waste photographic paper containing silver halides and metallic silver

B1200

Granulated slag arising from the manufacture of iron and steel

B1210

Slag arising from the manufacture of iron and steel including slags as a
source of TiO2 and vanadium

B1220

Slag from zinc production, chemically stabilized, having a high iron content
(above 20%) and processed according to industrial specifications mainly for
construction

B1230

Mill scaling arising from the manufacture of iron and steel

B1240

Copper oxide mill-scale

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Draft Waste Management Rules 2008

B2

Wastes containing principally inorganic constituents, which may contain


metals and organic materials

B2010

Wastes from mining operations in non-dispersible form:


Natural graphite waste
Slate waste, whether or not roughly trimmed or merely cut, by sawing or
otherwise
Mica waste
Leucite, nepheline and nepheline syenite waste
Feldspar waste
Fluorspar waste
Silica wastes in solid form excluding those used in foundry operations

B2020

Glass waste in non-dispersible form:


Cullet and other waste and scrap of glass except for glass from
cathode-ray tubes and other activated glasses

B2030

Ceramic wastes in non-dispersible form:


Cermet wastes and scrap (metal ceramic composites)
Ceramic based fibres not elsewhere specified or included
Other wastes containing principally inorganic constituents:
Partially refined calcium sulphate produced from flue-gas
desulphurization (FGD)
Waste gypsum wallboard or plasterboard arising from the
demolition of buildings
Slag from copper production, chemically stabilized, having a high
iron content (above 20%) and processed according to industrial
specifications mainly for construction and abrasive applications
Sulphur in solid form
Limestone from the production of calcium cyanamide (having a pH
less than 9)
Sodium, potassium, calcium chlorides
Carborundum (silicon carbide)
Broken concrete
Lithium-tantalum and lithium-niobium containing glass scraps

B2040

B2050

Coal-fired power plant fly-ash, not included in Section A (note the related
entry in Part A, A2060)

B2060

Spent activated carbon resulting from the treatment of potable water and
processes of the food industry and vitamin production (note the related entry
in Part A, A4160)

B2070

Calcium fluoride sludge

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Draft Waste Management Rules 2008

B2080

Waste gypsum arising from chemical industry processes not included in Part
A (note the related entry in Part A, A2040)

B2090

Waste anode butts from steel or aluminium production made of petroleum


coke or bitumen and cleaned to normal industry specifications (excluding
anode butts from chlor alkali electrolyses and from metallurgical industry)

B2100

Waste hydrates of aluminium and waste alumina and residues from alumina
production excluding such materials used for gas cleaning, flocculation or
filtration processes

B2110

Bauxite residue ("red mud") (pH moderated to less than 11.5)

B2120

Waste acidic or basic solutions with a pH greater than 2 and less than 11.5,
which are not corrosive or otherwise hazardous (note the related entry in
Section A A4090)

B3

Wastes containing principally organic constituents, which may contain


metals and inorganic materials

B3010

Solid plastic waste:


The following plastic or mixed plastic materials, provided they are not mixed
with other wastes and are prepared to a specification:
Scrap plastic of non-halogenated polymers and co-polymers,
including but not limited to the following:
- ethylene
- styrene
- polypropylene
- polyethylene terephthalate
- acrylonitrile
- butadiene
- polyacetals
- polyamides
- polybutylene terephthalate
- polycarbonates
- polyethers
- polyphenylene sulphides
- acrylic polymers
- alkanes C10-C13 (plasticiser)
- polyurethane (not containing CFCs)
- polysiloxanes
- polymethyl methacrylate
- polyvinyl alcohol
- polyvinyl butyral

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Draft Waste Management Rules 2008

- polyvinyl acetate
Cured waste resins or condensation products including the following:
- urea formaldehyde resins
- phenol formaldehyde resins
- melamine formaldehyde resins
- epoxy resins
- alkyd resins
- polyamides
The following fluorinated polymer wastes (excluding post-consumer
wastes)
- perfluoroethylene/propylene (FEP)
- perfluoroalkoxy alkane (PFA)
- perfluoroalkoxy alkane (MFA)
- polyvinylfluoride (PVF)
- polyvinylidenefluoride (PVDF)
B3020

Paper, paperboard and paper product wastes the following materials, provided
they are not mixed with hazardous wastes:
Waste and scrap of paper or paperboard of:
unbleached paper or paperboard or of corrugated paper or
paperboard
other paper or paperboard, made mainly of bleached chemical
pulp, not coloured in the mass
paper or paperboard made mainly of mechanical pulp (for
example, newspapers, journals and similar printed matter)
other, including but not limited to 1) laminated paperboard 2)
unsorted scrap.

B3030

Textile wastes
The following materials, provided they are not mixed with other wastes and
are prepared to a specification:
Silk waste (including cocoons unsuitable for reeling, yarn waste
and garnetted stock)
- not carded or combed
- other
Waste of wool or of fine or coarse animal hair, including yarn waste but
excluding garnetted stock
- noils of wool or of fine animal hair
- other waste of wool or of fine animal hair
- waste of coarse animal hair
Cotton waste (including yarn waste and garnetted stock)
- yarn waste (including thread waste)

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Draft Waste Management Rules 2008

- garnetted stock
- other
Flax tow and waste
Tow and waste (including yarn waste and garnetted stock) of true
hemp (Cannabis sativa L.)
Tow and waste (including yarn waste and garnetted stock) of jute
and other textile bast fibres (excluding flax, true hemp and ramie)
Tow and waste (including yarn waste and garnetted stock) of sisal
and other textile fibres of the genus Agave
Tow, noils and waste (including yarn waste and garnetted stock)
of coconut
Tow, noils and waste (including yarn waste and garnetted stock)
of abaca (Manila hemp or Musa textilis Nee)
Tow, noils and waste (including yarn waste and garnetted stock)
of ramie and other vegetable textile fibres, not elsewhere
specified or included
Waste (including noils, yarn waste and garnetted stock) of manmade fibres
- of synthetic fibres
- of artificial fibres
Worn clothing and other worn textile articles
Used rags, scrap twine, cordage, rope and cables and worn out
articles of twine, cordage, rope or cables of textile materials
- sorted
- other
B3040

Rubber wastes
The following materials, provided they are not mixed with other
wastes:
Waste and scrap of hard rubber (e.g., ebonite)
Other rubber wastes (excluding such wastes specified elsewhere)

B3050

Untreated cork and wood waste:


Wood waste and scrap, whether or not agglomerated in logs,
briquettes, pellets or similar forms
Cork waste: crushed, granulated or ground cork

B3060

Wastes arising from agro-food industries provided it is not infectious:


Wine lees
Dried and sterilized vegetable waste, residues and byproducts,
whether or not in the form of pellets, of a kind used in animal
feeding, not elsewhere specified or included
Degras: residues resulting from the treatment of fatty substances
or animal or vegetable waxes
Waste of bones and horn-cores, unworked, defatted, simply

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Draft Waste Management Rules 2008

prepared (but not cut to shape), treated with acid or degelatinised


Fish waste
Cocoa shells, husks, skins and other cocoa waste
Other wastes from the agro-food industry excluding by-products
which meet national and international requirements and standards
for human or animal consumption
B3070

The following wastes:


Waste of human hair
Waste straw
Deactivated fungus mycelium from penicillin production to be used
as animal feed

B3080

Waste parings and scrap of rubber

B3090

Paring and other wastes of leather or of composition leather not suitable for
the manufacture of leather articles, excluding leather sludges, not containing
hexavalent chromium compounds and biocides (note the related entry in
Section A A3100)

B3100

Leather dust, ash, sludges or flours not containing hexavalent chromium


compounds or biocides (note the related entry in Section A A3090)

B3110

Fellmongery wastes not containing hexavalent chromium compounds or


biocides or infectious substances (note the related entry in Section A A3110)

B3120

Wastes consisting of food dyes

B3130

Waste polymer ethers and waste non-hazardous monomer ethers incapable of


forming peroxides

B3140

Waste pneumatic tyres

B4

Wastes which may contain either inorganic or organic constituents

B4010

Wastes consisting mainly of water-based/latex paints, inks and hardened


varnishes not containing organic solvents, heavy metals or biocides to an
extent to render them hazardous (note the related entry in Part A, A4070)

B4020

Wastes from production, formulation and use of resins, latex, plasticizers,


glues/adhesives, not listed in Section A, free of solvents and other
contaminants to an extent that they do not exhibit Section C characteristics,
e.g., water-based, or glues based on casein starch, dextrin, cellulose ethers,
polyvinyl alcohols (note the related entry in Part A, A3050)

B4030

Used single-use cameras, with batteries not included in Part A.

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Draft Waste Management Rules 2008

Part C
List of Hazardous Characteristics
Code
H1

Characteristics
Explosive
An explosive substance or waste is a solid or liquid substance or waste
(or mixture of substances or wastes) which is in itself capable by
chemical reaction of producing gas at such a temperature and pressure
and at such speed as to cause damage to the surroundings.

H3

Flammable liquids
The word flammable has the same meaning as inflammable.
Flammable liquids are liquids, or mixtures of liquids, or liquids
containing solids in solution or suspension (for example, paints,
varnishes, lacquers, etc., but not including substances or wastes otherwise
classified on account of their dangerous characteristics) which give off a
flammable vapour at temperatures of not more than 60.5C, closed-cup
test, or not more than 65.6C, open-cup test. (Since the results of opencup tests and of closed-cup tests are not strictly comparable and even
individual results by the same tests are often variable, regulations varying
from the above figures to make allowances for such differences would be
within the spirit of this definition).

H4.1

Flammable solids
Solids, or waste solids, other than those classed as explosives, which
under conditions encountered in transport are readily combustible, or
may cause or contribute to fire through friction.

H4.2

Substances or wastes liable to spontaneous combustion


Substances or wastes which are liable to spontaneous heating under
normal conditions encountered in transport, or to heating up on contact
with air, and being then liable to catch fire.

H4.3

Substances or wastes which, in contact with water emit flammable


gases
Substances or wastes, which, by interaction with water, are liable to
become spontaneously flammable or to give off flammable gases in
dangerous quantities.

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Draft Waste Management Rules 2008

H5.1

Oxidizing
Substances or wastes which, while in themselves not necessarily
combustible, may, generally by yielding oxygen cause, or contribute to,
the combustion of other materials.

H5.2

Organic Peroxides
Organic substances or wastes which contain the bivalent O-O- structure
are thermally unstable substances which may undergo exothermic selfaccelerating decomposition.

H6.1

Poisonous (Acute)
Substances or wastes liable either to cause death or serious injury or to
harm health if swallowed or inhaled or by skin contact. Is characterized
by the TCLP test.

H6.2

Infectious substances
Substances or wastes containing viable micro organisms or their toxins
which are known or suspected to cause disease in animals or humans.

H8

Corrosives
Substances or wastes which, by chemical action, will cause severe
damage when in contact with living tissue, or, in the case of leakage, will
materially damage, or even destroy, other goods or the means of
transport; they may also cause other hazards.

H10

Liberation of toxic gases in contact with air or water


Substances or wastes, which, by interaction with air or water, are liable to
give off toxic gases in dangerous quantities.

H11

Toxic (Delayed or chronic)


Substances or wastes which, if they are inhaled or ingested or if they
penetrate the skin, may involve delayed or chronic effects, including
carcinogenicity.

H12

Ecotoxic
Substances or wastes which if released present or may present immediate
or delayed adverse impacts to the environment by means of
bioaccumulation and/or toxic effects upon biotic systems.

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Draft Waste Management Rules 2008

H13

Capable, by any means, after disposal, of yielding another material, e.g.


leachate, which possesses any of the characteristics listed above.
ANNEX 1
Categories of Wastes to be Controlled

List of Waste Streams


1.
2.
3.
4.
5.
6.
7.
8.
9.
10.

11.
12.
13.
14.

15.
16.
17.
18.

Clinical wastes from medical care in hospitals, medical centres and clinics
Wastes from the production and preparation of pharmaceutical products
Wastes from pharmaceuticals, drugs and medicines
Wastes from the production, formulation and use of biocides and phytopharmaceuticals
Wastes from the manufacture of, formulation and use of wood preserving
chemicals
Wastes from the production, formulation and use of organic solvents
Wastes from heat treatment and tempering operations containing cyanides
Waste mineral oils, unfit for their originally intended use
Waste oils/water, hydrocarbon/water mixtures, emulsions
Waste substances and articles containing or contaminated with
polychlorinated biphenyls (PCBs) znd/or polychlorinated terphenyls (PCTs)
and/or polybrominated biphenyls (PBBs)
Waste tarry residues arising from refining, distillation, and any pyrolytic
treatment
Wastes from production, formulation and use of inks, dyes, pigments, paints,
lacquers, varnish
Wastes from production, formulation and use of resins, latex, plasticizers,
glues/adhesives
Wastes chemical substances arising from research and development or
teaching activities which are not identified and/or are new and whose effects
on man and/or the environment are not known
Wastes of an explosive nature not subject to other legislation
Wastes from production, formulation and use of photographic chemicals and
processing materials
Wastes resulting from surface treatment of metals and plastics
Residues resulting from industrial waste disposal operations

List of Constituents
19.
20.
21.
22.
23.
24.

Metal carbonyls
Beryllium ; beryllium compounds
Hexavalent chromium compounds
Copper compounds
Zinc compounds
Arsenic; arsenic compounds

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Draft Waste Management Rules 2008

25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
40.
41.
42.
43.
44.
45.

Selenium; selenium compounds


Cadmium; cadmium compounds
Antimony; antimony compounds
Tellurium; tellurium compounds
Mercury; mercury compounds
Thallium; thallium compounds
Lead; lead compounds
Inorganic fluoride compounds excluding calcium fluoride
Inorganic cyanides
Acidic solutions or acids in solid form
Basic solutions or bases in solid form
Asbestos (dust and fibres)
Organic phosphorous compounds
Organic cyanides
Phenols; phenol compounds including chlorophenols
Ethers
Halogenated organic solvents
Organic solvents excluding halogenated solvents
Any congenor of polychlorinated dibenzo-furan
Any congenor of polychlorinated dibenzo-p-dioxin
Organohalogen compounds other than substances referred to in this Annex

SECOND SCHEDULE
DETERMINATION OF INCINERATOR EFFICIENCY
The destruction and removal efficiency (DRE) of an incinerator burning hazardous waste
is determined for each principal organic hazardous constituent (POHC) from the
following equation:
DRE = (Win Wout) x 100
Win
Where:
Win =

mass feed rate of one POHC in the waste stream feeding the
incinerator; and

Wout =

mass emission rate of the same POHC present in exhaust emissions


prior to release to the atmosphere

55

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